Discovery Privileges and Remedies for Nondisclosure

Are you involved in a divorce or child custody case? You are probably feeling a bit overwhelmed at life events and the legal process. The good news is that you can take charge and seek expert assistance. An experienced divorce and child custody attorney can guide you through the legal process to assist in exploring your options. The legal process can be complex so a knowledgeable guide is important for success. You have one bite at the apple in the court system so make it count. Educating yourself is important as well. Let’s learn a bit about discovery privileges and remedies for nondisclosure.

Discovery is very broad and it includes relevant information or even information that could lead to relevant information. However you can object to certain discovery questions. Objections have to be made as to specific questions, not to the discovery requests as a whole. You also have to state whether the requested information exists; you just don’t have to provide it unless the court orders the production. Be cautious about objecting to discovery unless there is a specific privilege because you can be held in contempt of court for a failure to comply with reasonable discovery requests.

Both parties are entitled to request relevant discovery. For example, medical and therapy information is protected, however if you raised the issue of your medical or mental health, then you will have to disclosure the information because you have “put it at issue”. Medical and mental health information is protected due to the doctor-patient privilege and the therapist-patient privilege. The public policy reason is so that people can effectively seek medical and mental health treatment. However, there are times where a court can order the release of such information.

Fifth Amendment. If there are criminal charges preferred against you, then you do not have to answer questions that could incriminate you; even in a civil court. You could invoke your Fifth Amendment constitutional right to remain silent. A major difference in civil court however, is that if you invoke the right to remain silent the court can presume that you are guilty of the allegations. In contrast, in criminal court the court can not make a presumption of guilt against you.

Remedies For Nondisclosure. If the other party does not comply with disclosure or discovery requests, you can request a status conference with the court to ask the court to compel the disclosure. You would do this through a Motion For Status Conference stating specifically what the other person has not provided. Of course as always, before filing any motion you have to confer with the other party in an attempt to resolve the matter outside of court. You should always send a demand letter to the other party first requesting the missing information before filing a motion, and the demand letter will be part of your evidence.

A knowledgeable and experienced divorce and family law attorney can guide you through Colorado Springs divorce and family law matters by negotiating, mediating and litigating. Give yourself the benefit of hiring one. This allows you to focus on moving on to a better future instead of spending your time attempting to navigate complex legal rules and procedures.

Sabra Janko from Janko Family Law has 24 years of legal experience and protects your best interests and ensures that you are aware of your legal rights and obligations. Contact us at 719-344-5523 for a free 30-minute informational consultation or complete our online form.